Senate confirms Joint Chiefs chair despite Tuberville's stalling

Gen. CQ Brown is set to succeed Gen. Mark Milley as chair of the senior military body. It’s a small victory for Democrats as Alabama Sen. Tommy Tuberville continues his holds on other military promotions over the Pentagon’s abortion policy.

Air Force Gen. CQ Brown testifies on Capitol Hill on July 11, 2023. The Senate confirmed General Brown as the next chairman of the Joint Chiefs of Staff on Wednesday, though Alabama Sen. Tommy Tuberville continues to hold up promotions for other officers.

Mariam Zuhaib/AP

September 21, 2023

The Senate on Wednesday confirmed General CQ Brown as the next chairman of the Joint Chiefs of Staff, putting him in place to succeed General Mark Milley when he retires at the end of the month.

General Brown’s confirmation on a 83-11 vote, months after President Joe Biden nominated him for the post, comes as Democrats try to maneuver around holds placed on hundreds of nominations by Alabama Sen. Tommy Tuberville over the Pentagon’s abortion policy. The Senate is also expected to confirm General Randy George to be Army Chief of Staff and General Eric Smith as commandant of the U.S. Marine Corps this week.

Mr. Tuberville has been blocking the Senate from the routine process of approving military nominations in groups, frustrating Democrats who had said they would not go through the time-consuming process of bringing up individual nominations for a vote. More than 300 nominees are still stalled amid Mr. Tuberville’s blockade, and confirming them one-by-one would take months.

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But Senate Majority Leader Chuck Schumer, D-N.Y., reversed course on Wednesday and moved to force votes on Generals Brown, George, and Smith.

“Senator Tuberville is forcing us to face his obstruction head on,” Mr. Schumer said. “I want to make clear to my Republican colleagues  this cannot continue.”

Mr. Tuberville did not object to the confirmation votes, saying he will maintain his holds but is fine with bringing up nominations individually for roll call votes.

White House national security spokesman John Kirby said that General Brown’s confirmation, along with expected votes on Generals Smith and George, is positive news. But “we should have never been in this position,” he said.

“While good for these three officers, it doesn’t fix the problem or provide a path forward for the 316 other general and flag officers that are held up by this ridiculous hold,” Mr. Kirby told reporters.

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General Brown, a career fighter pilot, was the Air Force’s first Black commander of the Pacific Air Forces and most recently its first Black chief of staff, making him the first African American to lead any of the military branches. His confirmation will also mark the first time the Pentagon’s top two posts were held by African Americans, with Defense Secretary Lloyd Austin as the top civilian leader.

In a statement late Wednesday, Mr. Austin said General Brown would be a “tremendous leader” as the new chairman.

General Brown replaces General Milley, who is retiring after four decades in military service. General Milley’s four-year term as chairman ends on Sept. 30.

Mr. Tuberville said on Wednesday that he will continue to hold up the other nominations unless the Pentagon ends its policy of paying for travel when a service member has to go out of state to get an abortion or other reproductive care. The Biden administration instituted the policy after the Supreme Court overturned the nationwide right to an abortion and some states have limited or banned the procedure.

“Let’s do one at a time or change the policy back,” Mr. Tuberville said after Mr. Schumer put the three nominations up for a vote. “Let’s vote on it.”

In an effort to force Mr. Tuberville’s hand, Democrats had said they would not bring up the most senior nominees while the others were still stalled. “There’s an old saying in the military, leave no one behind,” Senate Armed Services Chairman Jack Reed said in July.

But in a frustrated speech on the Senate floor, Mr. Schumer said Wednesday he was left with no other choice.

“Senator Tuberville is using them as pawns,” Mr. Schumer said of the nominees.

The votes come as a host of military officers have spoken out about the damage of the delays for service members. While Mr. Tuberville’s holds are focused on all general and flag officers, they carry career impacts on the military’s younger rising officers. Until each general or admiral is confirmed, it blocks an opportunity for a more junior officer to rise.

That affects pay, retirement, lifestyle, and future assignments – and in some fields where the private sector will pay more, it becomes harder to convince those highly trained young leaders to stay.

“Senator Tuberville’s continued hold on hundreds of our nation’s military leaders endangers our national security and military readiness. It is well past time to confirm the over 300 other military nominees,” Mr. Austin said, noting he would “continue to personally engage with members of Congress in both parties until all of these well-qualified, apolitical officers are confirmed.”

Mr. Tuberville said he has not talked to Mr. Austin since July about the holds.

The blockade has frustrated members on both sides of the aisle, and it is still unclear how the larger standoff will be resolved. Mr. Schumer did not say if he will put additional nominations on the floor.

The months-long holds have devolved into a convoluted procedural back and forth in recent days.

Mr. Tuberville claimed victory after Mr. Schumer’s move – even though the Pentagon policy remains unchanged.

“We called them out, and they blinked,” he told reporters of Mr. Schumer.

This story was reported by The Associated Press. AP writer Colleen Long contributed to this report.